FRAUD CITES
Caselaw to use in court, support
your case, excercise your rights
Marbury v. Madison, 5 US
137
“The Constitution of these United States is the supreme law of
the land. Any law that is repugnant to the Constitution is null and void
of law.”
Murdock v. Penn., 319 US 105
“No state
shall convert a liberty into a privilege, license it, and attach a fee to
it.”
Shuttlesworth v. Birmingham, 373 US
262
“If the state converts a liberty into a privilege, the citizen
can engage in the right with impunity.”
U.S. v. Bishop, 412
US 346
If you have relied on prior decisions of the supreme Court,
you have the perfect defense for willfulness.
Owen v.
Independence, 100 S.C.T. 1398, 445 US 622
“Officers of the court
have no immunity, when violating a Constitutional right, from liability.
For they are deemed to know the law.”
Scheuer v. Rhodes,
416 U.S. 232, 1974 Expounds upon Owen
Byers v. U.S., 273 U.S.
28
Unlawful search and seizure. Your rights must be
interpreted in favor of the citizen.
Boyd v. U.S., 116 U.S.
616
“The court is to protect against any encroachment of
Constitutionally secured liberties.”
Miranda v. Arizona,
384 U.S. 436
“Where rights secured by the Constitution are involved,
there can be no rule making or legislation, which would abrogate
them.”
Norton v. Shelby County, 118 U.S.
425
“An unconstitutional act is not law; it confers no rights; it
imposes no duties; affords no protection; it creates no office; it is in legal
contemplation, as inoperative as though it had never been
passed.”
Miller v. U.S., 230 F.2d. 486,
489
“The claim and exercise of a Constitutional right cannot be
converted into a crime.”
Brady v. U.S., 397 U.S. 742,
748
“Waivers of Constitutional Rights, not only must they be
voluntary, they must be knowingly intelligent acts done with sufficient
awareness.”
“If men, through fear, fraud, or mistake, should in
terms renounce or give up any natural right, the eternal law of reason and the
grand end of society would absolutely vacate such renunciation. The right
to freedom being a gift of ALMIGHTY GOD, it is not in the power of man to
alienate this gift and voluntarily become a slave.”
—Samuel Adams,
1772
United States v. Sandford, Fed. Case No.16, 221
(C.Ct.D.C. 1806)
“In the early days of our Republic, ‘prosecutor’
was simply anyone who voluntarily went before the grand Jury with a
complaint.”
Cooper v. Aaron, 358 U.S. 1, 78
S.Ct. 1401 (1958).
“No state legislator or executive or judicial
officer can war against the Constitution without violating his undertaking to
support it.”
United States v Dougherty, 473 F 2d 1113,
1122.
The court states, “...Judge Miller, joined
by Judges Prettyman, Danaher And Bastian, stated that the pro se right is
statutory only, and therefore (a) defendant must assert the right in order to be
entitled to it and (b) in any event no reversal was required since no prejudice
could be discerned” “The Government says the pro se right is statutory and
subject to ‘extensive qualifications,’discerning in the decisions seven
‘factors’ on the basis of which the pro se right may be partially or entirely
denied.”
“A bill of attainder is defined to be ‘a legislative Act
which inflects punishment without judicial trial’”
“...where the
legislative body exercises the office of judge, and assumes judicial magistracy,
and pronounces on the guilt of a party without any of the forms or safeguards of
a trial, and fixes the punishment.”
In re De Giacomo, (1874) 12 Blatchf.
(U.S.) 391, 7 Fed. Cas No. 3,747, citing Cummings v. Missouri, (1866) 4 Wall,
(U.S.) 323.
US v Will, 449 US 200,216, 101 S Ct, 471, 66
LEd2nd 392, 406 (1980) Cohens V Virginia, 19 US (6 Wheat) 264, 404, 5LEd 257
(1821)
“When a judge acts where he or she does not have jurisdiction
to act, the judge is engaged in an act or acts of
treason.”
Mattox v. U.S., 156 US 237, 243.
“We
are bound to interpret the Constitution in the light of the law as it existed at
the time it was adopted.”
S. Carolina v. U.S., 199 U.S.
437, 448 (1905).
“The Constitution is a written instrument. As
such, its meaning does not alter. That which it meant when it was adopted,
it means now.”
United States v. Cruikshank, 92 U.S. 542
(1876).
“The people of the United States resident within any State
are subject to two governments: one State, and the other National, but there
need be no conflict between the two.”
Grosjean v. American
Press Co., 56 S.Ct. 444, 446, 297 U.S. 233, 80 LEd 660
“Freedom in
enjoyment and use of all of one’s powers, faculties and
property.”
ARGERSINGER v. HAMLIN, 407 U.S. 25
(1972)
“The right of an indigent defendant in a criminal trial to
the assistance of counsel, which is guaranteed by the Sixth Amendment… is not
governed by the classification of the offense or by whether or not a jury trial
is required. No accused may be deprived of his liberty as the result of
any criminal prosecution, whether felony or misdemeanor, in which he was denied
the assistance of counsel.”
U.S. v. Prudden, 424 F.2d.
1021; U.S. v. Tweel, 550 F. 2d. 297, 299, 300 (1977)
Silence can
only be equated with fraud when there is a legal and moral duty to speak or when
an inquiry left unanswered would be intentionally misleading. We cannot
condone this shocking conduct... If that is the case we hope our message
is clear. This sort of deception will not be tolerated and if this is
routine it should be corrected immediately.
Morrison v.
Coddington, 662 P. 2d. 155, 135 Ariz. 480(1983).
Fraud and deceit
may arise from silence where there is a duty to speak the truth, as well as from
speaking an untruth.
In regard to courts of record: “If
the court is not in the exercise of its general jurisdiction, but of some
special statutory jurisdiction, it is as to such proceeding an inferior court,
and not aided by presumption in favor of jurisdiction.” 1 Smith's Leading Cases,
816
In regard to courts of inferior jurisdiction,
“if the record does not show upon its face the facts necessary to give
jurisdiction, they will be presumed not to have existed.” Norman v.
Zieber, 3 Or at 202-03
It is interesting to note the repeated
references to fraud in the above quotes. Therefore the meaning of fraud
should be noted:
Fraud. An intentional perversion of truth
for the purpose of inducing another in reliance upon it to part with some
valuable thing belonging to him or to surrender a legal right. A false
representation of a matter of fact… which deceives and is intended to deceive
another so that he shall act upon it to his legal injury. … It consists of some
deceitful practice or willful device, resorted to with intent to deprive another
of his right, or in some manner to do him injury… (Emphasis added) –Black’s Law
Dictionary Fifth Edition, page 594.
Then take into account the case
of McNally v. U.S., 483 U.S. 350, 371-372, Quoting U.S. v Holzer, 816 F.2d. 304,
307
Fraud in its elementary common law sense of deceit… includes the
deliberate concealment of material information in a setting of fiduciary
obligation. A public official is a fiduciary toward the public,… and if he
deliberately conceals material information from them he is guilty of
fraud.